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Washington Labor & Employment Wire » DHS Issues Proposed Rule to Rescind No-Match

DHS Issues Proposed Rule to Rescind No-Match


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On August 19, 2009, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), published a proposed rule in the Federal Register to rescind the No-Match Rule. DHS invites all public comments on the proposed rule to be submitted by September 18, 2009.

Currently, the Social Security Administration sends a letter to alert employers when an employee’s Social Security number does not match government records. Under the controversial No-Match Rule, employers who receive such letters are required to resolve discrepancies or face liability. The rule also provides “safe harbor” provisions for employers that follow the proper procedures.

While the No-Match rule was issued by the Bush Administration in August 2007 and supplemented in October 2008, it was never put into  effect because it was blocked by a Northern District of California court order shortly after its issuance. See AFL-CIO v. Chertoff, No. 07-4472-CRB (N.D. Cal.). In the proposed rule, DHS explained that it decided to rescind the No-Match rule in favor of focusing immigration enforcement efforts and community outreach on increased compliance through enhanced employment verification programs, such as E-Verify, and voluntary programs, such as ICE Mutual Agreement Between Government and Employers (IMAGE).

Previously, on July 8, 2009, DHS announced its intention to propose a new regulation to rescind the No-Match Rule. In response to that announcement, on July 9, the Senate approved by unanimous consent an amendment to the 2010 homeland security appropriations bill (H.R. 2892) prohibiting the use of 2010 funds to rescind the No-Match program. If a final rule rescinding No-Match issues on or before September 30, no 2010 funds will have been used in the rescission.